Information, Resources and Help with Your Loan Strategy – Serving Over 11,500,000 Visitors

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MISSION STATEMENT: I believe that the mortgage crisis has produced manifest evil and injustice in our society. I believe our recovery will never reach the majority of struggling Americans until we restore equal protection for all citizens and especially borrowers in our debt-ridden society. LivingLies is the vehicle for a collaborative movement to provide homeowners with sufficient resources to combat bloated banks who are flooding the political market with money. We provide thousands of pages of free forms, articles and discussion of statutes, case precedent and policy on this site. And we provide paid services, books and products that enable us to maintain an infrastructure to provide a voice to the victims of Wall Street corruption.

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OUR NEW MAIN NUMBER: 202-838-NEIL (6345). Call 520-405-1688  for West Coast information and 954-495-9867 for East Coast information.

RECOMMENDED READING:

CHAIN OF TITLE by David Dayen. Available on Amazon

LISTEN LIBERALS! by Thomas Frank. Available on Amazon and Kindle.

Pretender Lenders: How Tablefunding and Securitization Go Hand in Hand” By William Paatalo and Kimberly Cromwell. CLICK: http://infotofightforeclosure.com/tools-store/ebooks-and-services/?ap_id_102

Seminars Corroborate Title Problems and HAMP LItigation

It might seem to many that the industry is blind to title problems caused by false claims of securitization or even real claims based upon securitization. It might also seem that there is nothing about which you can litigate when it comes to HAMP and HARP modifications. The big seminar promoters are offering a gaggle of of short and long seminars on these subjects, indicating that they recognize that litigation and title snarls are getting traction across the country and they admit that the future litigation will include clearing title and litigating over HAMP modifications.

The principal problem that homeowners and their lawyers are missing is that the duty to consider the modification does not require the the acceptance of a homeowner for modification. Some servicers are getting more lenient than others, including, from what I hear, Ocwen. But the litigation that is being filed and which the pretender lenders are losing is on the precise question of whether the actual creditor was given notice of the offer of modification and whether the servicer did anything to apply any formula to the the almost inevitable denial of modification.

What we have started doing at my firm is (a) supplying the required material, return receipt requested, together with (b) a specific offer of modification on which an expert (real estate broker, mortgage broker or other professional in the real estate industry) gives an opinion that is worded something like the auditors do when they complete an audit, to wit:

“Based upon industry standards and conditions, the enclosed offer of modification reflects actual current conditions in the relevant real estate market and provides the creditor with two benefits that are not present in the event of foreclosure. The first is that the question of the perfection of the mortgage lien and enforcement of the lien is completely resolved, thus clearing title and the second, is that the net proceeds from the enclosed proposal for modification results in a far higher benefit to the actual creditor than the proceeds from foreclosure, which is a fraction of the offer. There is no known criteria in the industry under which this proposal would be rejected under normal circumstances unless the parties rejecting the modification had some risk of loss unrelated to the loan itself.”

When the denial comes back, you have a basis for alleging that they are lying to the court, that the modification was never considered, that inappropriate criteria was used to guarantee denial and that the creditor was never notified. The anecdotal reports I am receiving strongly suggests that this strategy is getting a lot of traction and is resulting in very favorable settlements within hours after the Judge enters an order requiring the servicer and pretender lender to show cause why they should not be ordered to provide a evidence of the “consideration” and the reasons why the proposal or request was denied.

The National Business Institute is offering three seminars that will be the subject of the member teleconferences (become a member of this blog now to get into the discussion: Become a member, for discounts, online teleconferences etc.). I strongly recommend that these short seminars be attended and that you even order the recordings as well.

Go to http://www.nbi-sems.com (livinglies is not paid for this endorsement directly or indirectly). I would suggest ordering the following seminars:

  1. HAMP litigation: breach of contract and related claims, June 21, 2013 2 p.m. to 3:30 p.m.

  2. Resolving complex commercial title defects June 11 2013 11:00 a.m. to 12:30 p.m.

  3. Handling short sales and deed in lieu of foreclosure 2 p.m. to 3:30 p.m. July 11 2013

  4. The Role of MERS in Mortgage Origination and Foreclosure June 3 2013 1PM-2:30PM

WORKSHOPS COMING UP — 9.5 CLE Florida and Other States (Please Book Now to Assure Seating) FT. LAUDERDALE, FLORIDA 11/10-11/11

Government: If you think our problems are bad, wait until you see our solutions.

Note: If you are planning to attend it would be wise to book now. Experience has shown us that sometimes a large number of lawyers show up at these workshops intending to register at the door. We don’t want you driving two hours only to find out we don’t have a seat for you.We are attempting to get a larger room, but at this moment, space is running out.

WORKSHOPS COMING UP 9.5 CLE CREDITS

• List of Approved Jurisdictions

A California attorney can claim California MCLE credit for education activities attended/taken outside California, provided that:

the attorney is outside California when attending/taking the activity;

the activity is the type of activity that can be approved for California MCLE credit;

the activity is approved by an Approved Jurisdiction.
If the criteria above are met, neither the provider nor the member needs to submit the activity to California for approval. California credit can be claimed by the attorney, based on the fact an approved jurisdiction approved the activity.

Florida is an approved jurisdiction

What Lawyers Are Saying About Neil Garfield\’s Seminars

Work and Play at San Francisco and Orlando — TBA

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9.5 CLE CREDITS APPROVED BY FLORIDA BAR

PURCHASE ATTORNEY WORKBOOKS: request-to-purchase-garfield-lawyers-workbook-v3

FLORIDA LENDING LAWS AND DISCUSSION: florida-usury

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Settlements Under Respa

“You are a den of vipers.
I intend to rout you out and by the Eternal God I will rout you out.
If the people only understood the rank injustice of our money and banking system, there would be a revolution before morning.”
–Andrew Jackson, 1828
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